that he $20,000 to fix the city's wall. i just don't want to lose my unit. the last page shows on the far right-hand side approximately 18 foot repairs of the wall with new concrete and a brand new retaining wall. we were able to make is a little larger and the tenant is very, very happy. i'm unhappy when someone says i aborted something but i'm trying to do what rose mary did and - we're only saying the fact that

someone said an accessory unit which it's not. i have the names of all the tenants and none of them were associated with the bicycle shop that was there before the church and a wielding shop and the church took over. it's been a great congregation. and so far as the business is concerned they've waved the 9 fees and i want to wave the 9 times fees on this and all the times i've been having a problem getting permits >> that was the combined time?

>> yes. >> rebuttal? >> 6 minutes. >> first of all, let me just say the document that you have that you looked at that on the frame it's the card from the assessors office we use it to get a history. this is not established legal used by gives information. again, we of the situation that the building permit does not reflect this. his agent arrested that that is a stand alone permit. the previous history does not show a previous building permit.

to - what happens it the housing division approved it and he aborted the permit. as i said we're not going to charge him certain fees >> by he's appealing the assessment of costs of all the other opening case like heat and hot water and we're saying no, this was time spent by the city he should be charged for. he talks about that particular wall he didn't file it right it wasn't the city's fault. from that standpoint the issue of this illegal unit it's a red

herring it's everything else. i'd be happy to send him a letter and explain we're not assessing the costs up to this time but he needs to follow through with the process of the building permit. he indicated he had occupants in those units that's why we're saying we don't believe we're looking at the line item he should have other items excused. he needs to - it would be incredible to wave everything i

mean, it won't be appropriate. so the building permit is not the issue but we have sent him forward in that process based on on the record. we have a lot of time of the building permit this recent an observation made by the assessors at the time. if you look at everything from the assessors they have stamped that and they said we're going to charge i. so we have data and we were able to approve the permit the issue is the assessment of costs and we're saying he's not exposes to

certain things but he awe - >> 20117 - is it 4001 that's the notice of violation. >> so that's appeal 6774. >> that's - any questions? >> has any work or permits been pulled on the other violations? >> i'm going to introduce senior housing inspectors to give you more details he's been

to the site. >> and also could you clarify the life-threatening issues. >> in regards to this appeal this is the one with the unit in question. there is no order of abatement on this order as chief explained the assessment codes have been set aside. in regards to this unit it commitments the other violations. it has the reporter of windows which he has pulled a window this is a combination of hot water heaters he has permits for

that. there are other violations that require correction the solar the heating issues have been taken care of and those other violations like rod dents. >> so the case that has the order of abatement does this include the violations related to the fourth unit on the - >> it does not. >> totally separate? >> yes there are other issues like windows falling out. >> so if there's no order of & basement i can't are we talking about it today? >> my misunderstanding it's a

request for jurisdiction to wave so you would decide to wave the jurisdiction. >> i thought you said abatement? >> the appellant listed several numbers each particular open case has assessment of costs but he, he included in his appeal the other open cases. he's appealing the assessment of costs on both open properties. that's why i'm saying this discussion is misleading you want all the costs waved and

that's not appropriate. we have waved the assessment of costs open the permit associated with the illegal unit. >> can we think separate it if he's appealing everything together can we say we're not dealing with the case that doesn't have an and i basement order? it so you would the department is already >> about two years ago the building code was changed so the statement of costs is no longer link to this order. the assessment of costs is for violation occurred and we don't have compliance. that's why there's awesome gut

it's not a situation where he's appealing the ownerships of order in 15 days. so keep in mind he also has two more in houses hearing with us and if we loin the property for the statement of costs we has a hearing before the board of supervisors. so that's part of the loin process >> just define a doraborters permit. >> he takes it from station-to-station he started the process and doesn't appear

at the next station. >> the permit in question was mr. thomas came down to the department and went to the intact to get a number and that's where you start the process and your given a number and your permits are looked to see if their factual and the address then your directed to go across the haul to the other side of the building to get the plan checked according to the records below thomas never made it tohe the

hallway h and walked out. it's done in various reasons i don't know why. so it's a file status >> a followup question here. >> so did i want to add inform that? >> the permit that the property owners filed - let's put it up here. >> this is what was filed by his agent. it was filed july 30th and then thank you it got to this point he then aborted the process didn't follow through with it so

far as getting through the ultimate viewing by the other stations in the process. that's what he has to do >> so this is a hearing requesting us to take jurisdiction back on a process filed too late for our most of hearing - or a hearing on an order of abatement so as described by your attorney there has to be some criteria for that and i believe the one case of the illegal unit is up to the owner what we - we shouldn't have jurisdiction on that.

and the other one is pretty cut-and-dried there's notice of violations that weren't cured and the violations were never cured so it went through with an order of abatement and there's no legal reason for us to pull jurisdiction on that. that's really the issue i think >> commissioner ma category. >> the filing of the lawsuit kind of and the last one no one had a chance to look at the lawsuit. obviously it does reflect the lawsuit and that concerns me.

would it behove us to continue this so we could feel more confident about direction. i'm concurring with a lot of the issues i think it would be a mistake to try to separate it in this forum and later on we might regret our decisions. we need to think about our positions maybe another hearing. we're not even clear on the dollar amount and the negotiation. i'm a little bit up in the air about what direction to take here so my position is not to take a possession and revisit

this when i get more educated if that's okay with the department >> i think part of the confusion is - it's clearly you any file an appeal in 15 days. if you wish to come to the aa b to contest the imposition of the assessment of costs which one is linked to another it got tweaked by the previous director one getting got tweaked and one doesn't so the director was under the understanding it would go to the board of supervisors but there's language that leads us to believe that he, come to you. i would be more than hapo on th

of the questions today might be more helpful to deter this >> yes and at least we'd have a structure to this. and also, we would have this up front. i mean, i can only talk about myself but i know in my heart we can make a better decision >> it's hard to understand the appeal an appellant needs to make it more clear. as you read those documents it goes on and on and it's hard to

d disdiversify. to what help us to respond >> so i'm confused and i'd appreciate some time putting myself in the owners shoes that - i would be not moving because of fears of hiding something but today when a property goes on the market they require the report but the agent checks the assessors officer but it totally reasonable that that's the way it's done today. you know i don't know. i have a lot of questions in putting i

move in his shoes as to, you know, following this course of action. i would really appreciate some clarification about our action the lawsuit and the you know what we need to >> we'd be happy to prepare the historical report and it does clearly show 3 units for commercial. we'll provide that for you. >> and it's more of a clarification issue. if it comes back to us then will there be public comment or just the appellant? you're required to give the public the opportunity to commit. i apologize there were a lot of

things filed after 5 o'clock but for 677 - okay one of them had an order of abatement. and the timein has expired so are you saying that then you're wanting to continue the other maturate but uphold this matter because you see them as linked >> basically i can't separate it so we want to go back and take a look at it and staff put together their estimation of what the costs would be to the person then we can make a more educated decision. as the commissioner said i'm afraid to make a decision on

this item >> i wanted to make sure i understood. >> deputy director. >> if i can make a request for the property owner to provide a water plan. i want an accurate record to review to see if the water hook up will tell you how many units and how many toilets and water closets. it's fairly accurate. >> i just want to say the appellant still has time for rebuttal if they can come up and talk and address and before i've

got a question. looking at the lawsuit filed may urteen. has there been any response to this from city attorneys and us? i don't know this came in contact my office and 530 last night and just the brief >> the brief to us. the brief to us. then my question is i'm misunderstanding this is related to the illegal unit >> both. >> this is related - this is related to the illegal unit and the illegal unit has to do with 6774. 6772 has the abatement

notifications on it. the other is in discussions we're trying to figure out if it's legal or not illegal. in my mind i can separate them i'm looking at 6772 as one maturate and 6774 as another matter. i see them as being able to be separated >> i'd rather see them separate come back individually with - so more information. that will be my whole goal for continuance. however, if the votes are not here i'm fine with that, too

>> this is a brief it this hearing this is not a lawsuit. i ago with you those are two separate issues. one is a code enforcement issue abatement order issued on violations not cured that's 772. and i would support not taking jurisdiction on that there's no reason to and 6774 is still active in our department. anything other than a violation that it's an illegal unit that hadn't been cured in our department we shouldn't take jurisdiction on either unit. and let them go through getting

it legal listed. i don't know why we need important time on this >> can we hear from the appellant? >> thank you. i have to apologize because some point in time i lost the gentleman right before the time this was going to go before the board of supervisors he started backing off this recommendation of me after i paid him $15,000. particularly after he said he had a deal with rose mary and basically we're going to put this on one permit and i gave them a blank did

to get and building permit i was that because every time i tried refused and i've tried more than ten times. because they look at the screen and they'd say well, it says here you've got an illegal unresolved situation and we can't give you any building permits that's why it's been detailed. now i wanted to protest because i paid $3,000 to basically get a permit to do a small act i paid $3,000 that i could have gotten for two because the 2 thousand 3 hundred and 19 there's has been

penltd. maybe you didn't put those aluminum windows in they said to me. but on the last day before going to the board of supervisors i paid a ton of money basically to keep those things alive and my opportunity to come before the board and i understand you're the board it can do this. did i check all the right boxes when i applied but unfortunately, if i checked all the boxes and i didn't have the right reference numbers it wasn't because i didn'tgoodhear. i tried to do this on my own.

and so here it is today, i was hoping the gentleman would show up but it was never my intent to abort anything the building department revoked manage that was building a set of stairs to get above this area. this just happened about a month ago the reason they revoked it because they said mr. thomas you've only got a 3 unit building here this permit says 4 units. oh, my god i thought it was

resolved. this is going to a legal unit and maybe somebody didn't get the memo. so any way i you can help me i appreciate it >> can i just clarify one thing i released that the lawsuit the code enforcement in my office was taking care of that. >> i think we have a comment from the deputy. >> there is a standard for - the appellant could go to the fourth floor and do a 3 hour